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What Happens If New Debt is Accumulated During Bankruptcy?

Posted By admin || 24-Sep-2012

What Happens If New Debt is Accumulated During Bankruptcy?

When a debtor seeks bankruptcy protection by filing either Chapter 7 or Chapter 13 bankruptcy , it includes debt accumulated prior to their filing. This means debt obligations included in the current petition filed was accumulated before the decision to file. Debt incurred after you file your petition is known as post-petition debt. This debt doesn't qualify to be included in your current case.

While post-petition debt cannot be included in current proceedings, should you seek bankruptcy protection in the future it may be eligible for inclusion. Yet, if you submitted your bankruptcy petition to the court and realized you forgot to add a creditor, you may be able to have your petition amended to include it. If you want to add another creditor to your case, be prepared to prove the debt was accumulated before filing bankruptcy.

If you are filing Chapter 13 bankruptcy, there is an exception to consider regarding accumulation of additional debts. Since Chapter 13 debtors are under a court approved payment plan, before incurring new debt permission must be granted by the court. Meaning, a Motion to Incur Debt is submitted to be reviewed by the court. If you are considering a new vehicle, house or credit card, you should discuss your intentions with your trustee or attorney before applying. It may become challenging for you to obtain a discharge or complete your filing with a successful outcome if you obtain new debt without permission from the court.

Categories: Bankruptcy
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